Lincoln County land development rules may be considered

Undeveloped lots in never-completed subdivisions pose a problem

Tom Mann told Lincoln County commissioners that members of the county Planning Commission is anxious to have a project, and they gave him a whopper of one. (Dianne Stallings — Ruidoso News)

Members of the Lincoln County Planning Commission were handed a whopper of an assignment Tuesday.

County commissioners directed them to research and draft a county land development ordinance aimed at management of the lots within previously approved, but undeveloped subdivisions. The rules also may apply to parcels created by claims of exemptions under state law.

Commissioners estimate that about 10,000 undeveloped lots already exist in the county in previously approved subdivisions. They also have no power to regulate lots created under 13 state exemptions from subdivision rules. Those exemptions include deeding portions of a larger tract to relatives or splitting tracts every five years.

Planning commission members will work with County Planning Director Curt Temple, who warned that a limited zoning approach may be the only way to ensure enforcement of standards.

County Manager Nita Taylor reminded commissioners that during their meeting Feb, 8, they heard a proposal by Temple to seek a planning grant to pay for creating a land development ordinance. Although he didn't obtain the grant because the median income in the county was too high, he wanted to work on the ordinance.

"Although the full development of such an ordinance would require significant investment of time and resources, research could be initiated and an initial document drafted by the (planning commission)," Taylor said.

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Commissioner Kathryn Minter noted that the county already amended its subdivision ordinance to require developers to provide water rights.

"My thought was even though we didn't get a grant, we have enough brain power on that commission for them to at least do some research," she said. "They could come back to us and say, this is too big for us or whatever. But I think we should at least reconstitute that commission, have them elect a chairman and vice chairman, and basically, recommend back to us what they think we need, the next step to manage the water and development in existing subdivisions."

The county planning commission has "been stalled for some time," member Tom Mann told commissioners. "We've been very anxious to get back to work and this land use ordinance, or whatever name it finally winds up, we feel is very. very important and we would like you to direct us to look into it and get started. Many parcels of land within Lincoln County can be developed, and if you don't have a process for doing it, we think it is just a matter of time before we have more chaos than we already have in land use. The planning commission is very anxious to get started. We have good people. Please give us the authority to look into this and we will bring something back to you as quickly as possible."

Commission Chairman Jackie Powell said at a recent Republican candidate forum, it was unanimous among those campaigning for commission seats that land use be examined.

The first meeting on the land development ordinance is set for 1 p.m., April 2, in the county suboffice next to the public library in Ruidoso.

Minter said two issues left hanging from the subdivision ordinance revision were water conservation devices for new construction and thinning of trees before construction to reduce the danger of wildfire and to create defensible space around homes. They were not in the subdivision ordinance because county commissioners thought that was not the appropriate place.

Temple said the planning commission is considering those issues for separate ordinances.

More unregulated lots

"We had a 26-lot subdivision approved under a claim of exemption," Temple said of a recent action. "It shows roads and infrastructure on the plat (the legal description of the layout), but there is no guarantee to make sure that happens. If it is never completed and the tracts don't sell, it could be another one of those subdivision 30 years from now that people look at and say why were the roads never done, why are there no utilities in there? Under claims of exemption is where we have problems, because we can't force them to do the roads to county standards and make sure utilities are there. They can go out and sell tomorrow without a road being put in. It's kind of buyer beware. They can create a subdivision without any infrastructure and not backed up by a bond, as is required in the subdivision ordinance, where they have to complete the improvements or bond them."

The tracts can be split every five years under state law, Temple said. "There is no end to the number of splits and no minimum acreage, although the state has a three-quarters of an acre minimum for septic systems and wells. But if they didn't need those, the lot could be smaller with a community water and aerobic system. If we don't have minimum lot sizes for lot splits, there is nothing we can do. We may want to look at that."

The planning commission could look into how to include development standards for lots created under claims of exemptions, Temple said, adding, "It would be a big step. There might be something we can say about certain standards when something is done."

"Add that to your list," Minter said.

Powell suggested checking with other counties that are facing the same problem and they may have a draft land development ordinance to review.

"Through zoning is where we get the power," Temple told commissioners, "Short of that, it would be difficult to regulate. A lot of counties put in county-wide residential and agricultural only. It doesn't have to be multi levels. That may be the recommendation (planning commissioners) come back with or it may be only one of the ways."

"We'll see how far it goes," Powell said. "Low-flow devices have nothing to do with zoning."

Commissioner Mark Doth said an entire subdivision needs to be thinned before it is approved and possibly, the county also could limit the number of splits and mandate minimum lot sizes in a development ordinance.

Temple said some rules could be retroactive for new houses in old subdivisions, but not for existing structures. Standards could be set for defensible space around homes, he said. Without such clearing, homeowners may find it difficult to secure insurance, he said.

Taylor said she knew five landowners within last month who had their house insurance cancelled for that reason, and lack of insurance should provide impetus for complying with Fire Wise development standards,

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